Government issues new Employment Contract rules
October 15, 2008 | BY
clpstaff &clp articles &The State Council has issued new implementation rules for China's Employment Contract Law《劳动合同法》. This is the government's latest effort…
The State Council has issued new implementation rules for China's Employment Contract Law《劳动合同法》. This is the government's latest effort to clarify certain key issues that have drawn significant criticism among lawyers and employers.
Matters covered in the Implementation Rules of PRC Employment Contract Law 《劳动合同法实施条例》include the clarification of double salary penalty and definitions of an employer and partnership organisations and foundations.
Linda Liang, partner at King & Wood, said that the new rules, which were promulgated on September 18 2008, are helpful and have provided clearer guidance and definitions. “The Implementation Rules are now more detailed and are in line with the draft and the Employment Contract Law,” she said.
However, there are still ambiguities in the Implementation Rules. Local authorities will need to interpret and clarify any of the remaining uncertainties according to their local needs, Liang said.
This premium content is reserved for
China Law & Practice Subscribers.
A Premium Subscription Provides:
- A database of over 3,000 essential documents including key PRC legislation translated into English
- A choice of newsletters to alert you to changes affecting your business including sector specific updates
- Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
Already a subscriber? Log In Now